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Publications

April, 2009

VISITORS AND BUSINESS VISAS

In the past year we have received innumerable calls from frustrated individuals who have tried to obtain visitor visas from the U.S. Consulate abroad, only to be denied summarily and without explanation, even though many of the applicants have a legitimate reason to come here as tourists to visit children, grandchildren, or parents for temporary business. These applicants have been frequently rejected by a dismissive consular officer, who barely glances at their application. Many of these applicants have strong ties to return to their own countries such as work or family ties but too often the Consular officer ignores the evidence presented. Call us to overcome these denials.

VISITORS VISAS (B-1, B-2)

This temporary Visa is available to an alien who has an actual dwelling place abroad which he/she has no intent to abandon and who wishes to visit the USA for business or pleasure. Usually the first admission is for six months. The stay may be extended fro an additional six months if the applicant has a good reason for the extension and can prove financial means to sustain oneself during the extended visit.

To obtain a B1, B2 visa, an applicant must show employment in the applicant’s country which provides a motive for return, and, family, and social ties in the applicant’s country. The applicant needs to convince the consulate that the applicant is not going to indefinitely stay in the U.S.

BUSINESS VISA (B-1)

Engaging in commerce is permitted for a B1 visitor. Negotiating contracts, consulting, meeting clients or prospective clients are all suitable. Scientific, educational, professional, religious or business activities are also possible as long as it does not involve systematic or regular work. Spouses and minor children of a B1 may enter as B2 tourists to accompany or join the B1 visitor.

Domestic servants of a U.S. citizen who permanently resides abroad and has only come here temporarily may receive B1 status. A nonimmigrant alien, lawfully in the U.S. may bring a servant, if the servant has a residence abroad and has been in the employment of the nonimmigrant alien for at least one year as a servant prior to filing the B1 application. The wage to be paid here must be the prevailing wage in the U.S.

An alien who comes to install equipment pursuant to a contract of sale may come as a B-1 provided it is not for building construction work. Supervisors or trainers of workers would be authorized. B1 visitors may include religious workers who come temporarily to do missionary work; ministers on evangelical tours; foreign athletes who receive no compensation; a foreign medical student who will be on elective training without compensation; a member of the Board of Directors of a US company coming to the US for a Board meeting; foreign corporate personnel coming to create a U.S. affiliate or subsidiary or for seeking investment opportunities.

VISITORS FOR PLEASURE (B-2)

The B-2 visa category includes tourism, social visits, health care, and participants who come to attend conventions, amateur musicals or sport events provided the activities are not for compensation. Alien dependents such as spouse, children or parents of U.S. armed services personnel may come with a B2 visa. A parent of an F1 student may also come to accompany the child provided the trip is not to be indefinite.

A partner (non spouse), regardless of gender, whose primary purpose is to accompany a principal with (E, investor or trader status), (H, professional or specialized knowledge) or (L, intra company transferee) may be granted B2 for the duration of the stay of the E, H, or L nonimmigrant if the primary purpose is to accompany the E, H, or L nonimmigrant.

If a visa is denied, the applicant can submit additional evidence and ask for reconsideration. If the Consulate denies the Visa because of a mistake in the law, the applicant may appeal to the U.S. Department of State. For help, call us.

 

If you need help or advise, call us at 212-944-9420.

Our assistance is only a phone call, or e-mail communication away!


New York Immigration Lawyers > Immigration Publications > April 2009
Publications

Featured

GREEN CARD PARDONS FOR UNDOCUMENTED WHO ARE SPOUSES OR CHILDREN OF CITIZENS

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January 2012

EB-5 VISA FOR INVESTORS WHO FORM A NEW ENTERPRISE

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FINALLY - RELIEF FOR MANY UNDOCUMENTED!

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December 2011

J EXCHANGE VISAS

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SKILLED IMMIGRANT VISAS FROM CHINA & INDIA SHOULD DOUBLE IN NUMBERS WITH NEW LAW

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DEPORTATIONS REVIEWED, PROSECUTORIAL DISCRETION

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SELF- PETITIONS - PROVISIONAL RESIDENTS SEPARATED OR DIVORCED FROM U. S. SPOUSES

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November 2011

U VISAS: VICTIMS OF TRAFFICKING AND VIOLENCE

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September 2011

BPARTNERS AND INELIGIBLE FAMILY MEMBERS: B-2 STATUS & EXTENSIONS

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BUSINESS VISAS FOR START UP COMPANIES

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TRAINING VISAS (H-3)

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August 2011

ENTREPRENEURS - SELF PETITIONS

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WAIVERS

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July 2011

REMOVAL, PHYSICAL

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PROSECUTORIAL DISCRETION: FOCUSING ON ENFORCEMENT PRIORITIES

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INVESTORS : IMMIGRANT VISAS: EB-5

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INVESTOR VISAS E-2

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June 2011

NATURALIZATION, WHY & HOW

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CHILD CITIZENSHIP ACT

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ADVANCE PAROLE

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May 2011

O VISAS FOR EXTRAORDINARY ABILITY IN BUSINESS, SCIENCE, ARTS OR ATHLETICS

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SAME SEX MARRIAGE, REPRIEVE OF DEPORTATION

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K-1 FINANCE VISA AND DIVORCE

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April 2011

H-1B PETITIONS FOR FISCAL YEAR 2012

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GUILTY PLEAS TO CRIMES – IMMIGRATION IMPACT

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VAWA- VIOLENCE AGAINST WOMEN ACT

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DETENTION OF IMMIGRANTS

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March 2011

REMOVAL REMEDIES

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U VISA

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February 2011

Asylum Application filed late: What are your options?

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January 2011

CONSULAR VISA PROCESSING

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PROSECUTORIAL DISCRETION

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VOLUNTARY DEPARTURE - WHAT HAPPENS IF AN ALIEN FAILS TO LEAVE?

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December 2010

DRIVING WITHOUT A LICENSE AND STOPPED BY POLICE

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H-1B VISA AVAILABILITY SOON TO CLOSE

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APPEALS TO THE BOARD OF IMMIGRATION

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November 2010

J-1 WAIVER OF THE TWO YEAR FOREIGN RESIDENCE REQUIREMENT FOR EXCHANGE VISITORS

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CO-SPONSORSHIP, AFFIDAVITS OF SUPPORT

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WORK AUTHORIZATION

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DERIVATIVE CITIZENSHIP FOR CHILDREN BORN ABROAD

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October 2010

CITIZENSHIP APPLICATIONS

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T and U VISAS, REVISIONS TO THESE PROGRAMS

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APPEALS OR MOTIONS TO REOPEN AND RECONSIDER IN ASYLUM CASES AND JUDICIAL REVIEW

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DEPORTATIONS: SHIFT IN U.S. POLICY

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September 2010

RELIGIOUS IMMIGRANT WORKERS

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INTRA-COMPANY TRANSFEREE (L-1)

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PARDON REVIEW PANEL

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August 2010

TEMPORARY VISITORS (B-1 BUSINESS, B-2 PLEASURE) AND EXTENSIONS OF STAY

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BATTERED SPOUSES, PARENTS AND CHILDREN

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FIANCE(E) OF U.S. CITIZEN (K-1)

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July 2010

GREEN CARDS, NEW, SECURE AND PRIVATE, VALID FOR TEN YEARS

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DEPORTATION ORDERS MAY BE REOPENED

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June 2010

NATURALIZATION

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May 2010

Help for Immigration cases in Arizona

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April 2010

H-1B WORK VISAS

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March 2010

U.S. CITIZENSHIP FOR FOREIGN BORN & ADOPTED CHILDREN

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February 2010

TEMPORARY PROTECTED STATUS (TPS)

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ASYLUM

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January 2010

EXTENSION OF STAY AND CHANGE OF STATUS

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December 2009

GREEN CARDS

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November 2009

H-1B, SPECIALTY OCCUPATION

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October 2009

ASYLUM WAIVER APPLICATION

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September 2009

TPS DENIALS MAY NOW BE APPEALED TO AN IMMIGRATION JUDGE

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August 2009

INTRA-COMPANY TRANSFEREES (L-1)

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ASYLUM FOR BATTERED WOMEN

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July 2009

DEATH OF A U.S. PETITIONER:

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June 2009

ARRESTS OF UNDOCUMENTED ALIENS

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May 2009

CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS

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April 2009

VISITORS AND BUSINESS VISAS

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March 2009

RAIDS AND ROUNDUPS, IMMIGRATION

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February 2009

SPECIALTY OCCUPATION H-1

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January 2009

DEPORTATION ORDERS REOPENED

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December 2008

DIVORCE DOES NOT AUTOMATICALLY INVALIDATE

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November 2008

WHAT WE MAY EXPECT FROM PRESIDENT-ELECT OBAMA’S FIRST TERM

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CANADA OR MEXICO THREE YEAR PROFESSIONAL WORK VISAS

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October 2008

NEW BUSINESS START UP: L OR E VISAS

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September 2008

EXTENSIONS OF TEMPORARY STATUS

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August 2008

CHILDREN OF U.S. CITIZENS

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July 2008

MOTIONS TO REOPEN BASED ON CHANGE OF CIRCUMSTANCES AND NEW EVIDENCE

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June 2008

CHILD STATUS PROTECTION ACT, RECENT REVISIONS

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SPECIALIZED KNOWLEDGE FOR INTRA-COMPANY TRANSFEREES

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May 2008

EXTRAORDINARY ABILITY

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LABOR CASES - HIGHER EDUCATION

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April 2008

PAROLED ALIENS, ARE ELIGIBLE FOR GREEN CARD

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March 2008

IMMIGRANT, PUBLIC BENEFITS

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February 2008

IMMIGRATION INJUSTICE CORRECTION

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January 2008

FAST ACTION FOR IMMIGRATION DELAYS

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December 2007

BATTERED SPOUSE OR CHILD

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REVIEW OF GREEN CARD DENIAL

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November 2007

DIVERSITY VISA PROGRAM, 2009 LOTTERY

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September 2007

DETENTION AND REMOVAL, HELP AVAILABLE

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August 2007

A WAY TO OBTAIN RESIDENCE

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July 2007

EMPLOYMENT VISAS

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June 2007

IMMIGRATION REFORM

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